Land Court

Where a defendant applied for a building permit and a variance, the defendant is entitled to a building permit under a grandfather provision of the Leominster zoning ordinance, but has not satisfied the requirements for obtaining a variance. “[Defendant Guaranteed ...

Where the town of Milton amended its zoning ordinance with respect to landscaping businesses, the amendment did not constitute spot zoning and was not otherwise invalid. “This action involves a two-count challenge to a zoning amendment (Amendment) adopted by the ...

Where the Tisbury planning board denied ANR endorsement of two subdivision plans, the board’s decision should be upheld because the lots at issue have frontage along a road that does not qualify as a public way. “Plaintiff Jane Magan Askew, ...

Where plaintiffs filed a petition under the try title statute challenging the validity of a foreclosure sale and deed, the complaint must be dismissed because of the plaintiffs’ inability to show the invalidity of a mortgage assignment. “The plaintiffs, Bruce ...

Where a plaintiff acquired land to which an easement had been granted, the easement runs with the land. “The sole issue to be adjudicated on the Motions for Partial Summary Judgment is whether Easement 1, as shown on the 1983 ...

Where the Norfolk zoning board upheld a decision to deny a building permit for a single-family home, the plaintiff’s landowner is entitled to summary judgment on the question of whether the town’s 1953 zoning bylaw grandfathered the plaintiff’s land, but ...

Where a defendant condominium unit owner has been trespassing over the plaintiff unit owners’ patio, the plaintiffs are entitled to summary judgment based on their exclusive use easement granted to them in the master deed. “The plaintiffs, Meghan McNamara and ...

Where the town of Brimfield has brought an action to enforce its right of first refusal in connection with a forest lot, the town has the right to purchase the lot for $186,500. “This case concerns a 35.9 acre lot ...

Where the Cape Cod Commission approved a development of regional impact application for the expansion of an existing retail facility, the approval must be upheld despite the claims by a supermarket located across the street that the commission misapplied its ...

Where a plaintiff has challenged the validity of a deed given by his former wife, the complaint must be dismissed for lack of subject matter jurisdiction. “Kevin Hamel complains that a release deed for a property in Townsend given by ...